Cusson v. Liberty Life Assurance Co. of Boston, No. 08-2381

In plaintiff's ERISA action against defendants for terminating her disability benefits, summary judgment in favor of defendants is affirmed where: 1) defendant's decision was not improperly influenced by its structural conflict of interest; 2) defendant's ultimate conclusion was not an abuse of discretion as it was supported by the totality of the evidence; and 3) defendant's counterclaim is an equitable claim and is allowed under 29 U.S.C. section 1132(a)(3).     

Read Cusson v. Liberty Life Assurance Co. of Boston, No. 08-2381

Appellate Information

Appeal from the United States District Court for the District of Massachusetts

Decided January 14, 2010

Judges

Before:  Torruella, Seyla and Howard, Circuit Judges

Opinion by  Torruella, Circuit Judge

Counsel

For Appellant:  Mala M. Rafik, Alyssa A. Yenikomshian, S. Stephen Rosenfeld, and Rosenfeld & Rafik, P.C.

For Appellee:     Andrew C. Pickett, Matthew D. Freeman and Jackson Lewis LLP